Elizabeth B. Miller - Page 19

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               3.   Whether There Was Any Security or Collateral for                  
                    the September 1982 Note and the October 1982 Note                 
               Petitioner transferred $100,000 to each of her sons to                 
          assist them in connection with their respective acquisitions of             
          real property.11  Neither the September 1982 note signed by                 
          Stephen nor the October 1982 note signed by Robert was secured by           
          the real property each acquired.  Indeed, petitioner never even             
          asked Stephen and Robert to secure their respective notes by that           
          real property or by any other collateral.  See, e.g., Estate of             
          Musgrove v. United States, supra at 664.                                    
               4.   Whether There Was a Fixed Maturity Date for the                   
                    September 1982 Note and the October 1982 Note                     
               The September 1982 note signed by Stephen stated that he was           
          to pay petitioner $100,000 on demand or on September 14, 1985, if           
          no demand was made.  At the time Stephen signed the September               
          1982 note, petitioner believed that the date on which he was to             
          pay her the principal amount was open, and she did not consider             
          the September 14, 1985 date stated in that note to be a fixed               
          date on which Stephen was in all events to pay her the principal            
          amount.  Furthermore, at that time, she had no intention of                 
          demanding payment on September 14, 1985, or on any other date,              


          11  Petitioner transferred $100,000 to Stephen in order to assist           
          him in satisfying in 1982 a mortgage of approximately $56,000               
          that he and his wife assumed at the time that they purchased a              
          house in 1980.  Neither petitioner nor Stephen explained why she            
          transferred $100,000 to him when he needed only about $56,000 to            
          satisfy that mortgage.                                                      




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